GARCIA, P. T.; http://lattes.cnpq.br/0926214308255744; GARCIA, Philippe Thomas.
Résumé:
The delegate as Police Authority is the chief of the judicial police, which is intended
for the investigation of crimes that have already occurred, or that could not be
prevented, with the main objective the development of the police inquiry. This is
where a Delegate in charge of its powers and its discretion, may make a technical
and legal analysis applied to the facts apparently typical Bickering principle before a
tiny injury practiced for possible criminal agent. This work is central scope examine
the possibility of applying Bickering principle by the Chief of Police. For this, it was
used as a method of hypothetical-deductive approach, employing a policy of methods
the historical and evolutionary method, the exegetical and legal method, as well as
the hermeneutical method, the research is instructing with indirect documentation, by
bibliographic research, with grant from the national doctrine and scientific articles.
The Principle of Bickering, in spite of not having a concept expressed in the Brazilian
legislation, has been strengthened in recent years, as well as its recognition is
increasingly present in the jurisprudence and doctrine. However, its application in
police headquarters suffers resistance from law enforcement officers. However, sees
to be legally possible to apply the Delegate, generating benefits not only for society
but also for the agent and the entire judiciary, it does not occupy this with behaviors
that are considered atypical by the Judge. It is unreasonable to move the entire
machine so that the judicial magistrate, to pronouncing the sentence, use the
principle of Insignificance, which could have already been recognized by the Police
Officer. The criminal law must deal with conduct that significantly attacking legal
interests, seeking thus prevent abuse, injustice and often irreparable damage. It is
thus in a way to ensure legal and humanely balanced solutions to the Criminal Law
does not steal in guaranteeing individual freedoms, applying its sanctions effective
and minimally necessary and possible way in proportion to the offense to the
protected legal interest.